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Village of Lansing Trustees are considering adding a Planned Development Area (PDA) provision to their zoning.  The law would allow the Trustees to approve developments of five acres or more that go outside the boundaries of current zoning.  Projects would be subject to review by the Trustees and the Planning Board, which would be empowered to require strict conditions on a special use project.  In a meeting last week they considered a Planning Board recommendation to create the new law.

"It's dynamic zoning for a parcel that is more than five acres," said Deputy Mayor Larry Fresinski.  "The boards would have to agree that whatever the proposal is should move forward.  That's pretty creative legislation, because you're not allowed to have dynamic zoning.  You're supposed to have zoning in place and if somebody comes in and argues that they don't like it then it can go to a court and they decide whether you change your zoning laws for a particular situation."

The proposed law is actually based on an earlier law that was taken off the books several years ago.  Under that old law the developer Shannon Park, a residential area behind The Shops at Ithaca Mall, was permitted to construct several townhouses as well as single-family homes.  The new law was reviewed by the Village Planning Board, and in December that board recommended that the Trustees consider it for incorporation into Village zoning law.

"At the moment this is a land use tool that is becoming increasingly more popular because of its flexibility," said Village Attorney David Dubow.  "Not everybody has them, but you're seeing a lot more literature and a lot more concepts in land use planning that incorporates this mixed-use planning approach."

The Town of Lansing already has the ability to approve PDAs.  A preliminary PDA was approved for the Lansing Commons project late last year.  Lansing Commons is a three-stage proposal that will allow for higher density development -- a mixture of single family homes, townhouses, and potential commercial buildings in its third stage -- because of the inclusion of its own sewage treatment plant.  Normally town properties must be an acre or more to allow for the installation of individual septic systems.  Under the conditions of the PDA the developer will build a package plant that will be shared by all buildings within the development.  They will also share its cost so that other town residents are not taxed for Lansing Commons sewage treatment.

The Town planning board recommended 30 conditions which range from height restrictions on buildings, to specific requirements for the sewer system, to the inclusion of pedestrian pathways, and other aspects of the project.  It also included a large number of deed restrictions that set limits on the use of the properties, parking, exterior walls and fences, and forbid trailers and livestock, among others.  These parameters of the project were developed by the Town Planning Board in collaboration with developer Ronald Secord, who told the Town board he was happy with them and the process of working with the Planning Board to develop them shortly before they approved the preliminary plan.

Village resident Sorel Gottfried has called Planning Board members to argue against changing the law on the grounds that it gives future, unknown boards the authority to undermine current zoning laws.  But planning board member Mario Tomei says that argument could apply any time.  A future Board of Trustees could implement a PDA law even if the current board doesn't move forward with it.

Evidently the consideration of the new law was prompted by an upcoming project that may be proposed on land behind the Ithaca YMCA.  It would be a mixed use project that incorporates housing and commercial use.  The Shops at Ithaca Mall proposed a similar project in 2007.  They planned a series of two storey buildings near Best Buy that would contain boutique-like shops on the ground floor with apartments upstairs.  The shops would all be accessed from outdoors.  At that time mall officials asked the Trustees to change the zoning to allow a mixed use project there.

If the PDA law is passed they would likely go through that process as well.  Dubow says that the PDA process is actually stricter, because the parameters of individual projects are specifically set.  Village Planning Board Chairman Ned Hickey says that more such projects are likely to come before Village officials in the future.  He noted that malls are typically going to this new outdoor shops approach today.  With the uncertain future for the P&C store in the Cayuga Mall, he said this new approach might be taken to rejuvenate the property.

"What's going to happen to Cayuga Mall once that anchor store goes out?" he asked.  "All of a sudden you see in the next couple of years, maybe a place where you can do something different with a mixed commercial/residential development.  We will have a tool that will allow us to do that."

Dubow says that it is a collaborative process that includes both boards and the developers.  While it seems like a more flexible tool the project evaluation process is comprehensive.  Dubow said that the Trustees could give any project a 'thumbs down' when it is first proposed as a PDA, and that at any point in the process the Trustees could say no.

"There are at least four different places where we have an out if we want to just toss it," noted Trustee Lynn Leopold.

Last week was the first time the Trustees had to consider the law.  Both they will continue to work on it in future meetings.  Planning Board members also worked on the proposal at their Monday meeting this week.  Trustees decide to pass such a law Dubow says it will be subject to county input and public hearings before they can vote on it.

"What I like about the ideas is it makes you think about the things you want for your village ahead of time," Fresinski said.  "It's proactive.  It ties it into existing guidelines and the general plan as well.  The collaborative model works independently of the boards.  Sure, politics could get in there or you could have a strong agent who's going to talk to all the boards, but then you have two boards to try to convince."

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